John McKell

John McKell LLB, LLM, MTax
Special Counsel
Phone: +61 8600 6024
Email:
Vcard: Download Vcard

Teams

John is a special counsel with Aitken Partners and is an accredited specialist in both tax and property law with more than 30 years experience in commercial, taxation and property law. He has been a Special Counsel with Aitken Partners since 2005 and is presently a key member of our general commercial and property teams where his knowledge of taxation laws is of critical importance to our clients.

His commercial expertise – particularly in trusts, tax and property – led to his being consulted by the Department of Premier in Cabinet in relation to trusts, the Department of Human Services and the Office of Housing in relation to the Affordable Housing Sector and Australia Post in relation to property matters.

Some recent example of John’s work include:

  • advising the Department of Premier and Cabinet in the establishment of various different Charitable Trusts, namely the Bushfire Relief Trust, the Fountains Trust, the Balibo House Trust and the Music Hall Trust
  • advising Australia Post in relation to numerous property acquisitions, consolidations, disposals, leases and building construction issues.

John is an Accredited Specialist in Taxation Law and has a Master of Taxation degree from the University of Melbourne. He has an in-depth understanding of both state and federal taxation laws, indirect tax (including Stamp Duty and GST), income tax, capital gains tax and superannuation law.

He provides detailed financial and tax advice on all related matters including:

  • income tax structuring of investment and joint ventures
  • tax implications of corporate restructuring
  • employers’ taxation obligations
  • rollover agreements
  • income tax and stamp duty on property development projects
  • all aspects of CGT in particular the CGT Small Business Concession
  • GST, including margin scheme, going concern and the farmland exemptions
  • advising and preparing documents for the establishment and variation of trusts including:

    • charitable trusts and obtaining DGR such as:

      • The Family Violence Foundation of Australia
      • The Peter Thompson Childrens Foundation
    • discretionary trusts (including partnership of trusts)
    • unit trusts
    • hybrid trusts
    • testamentary trusts
    • child maintenance trusts
    • stamp duty and CGT effects of resettlements
  • advising in the area of superannuation, including:
    • establishment of funds
    • variation and updating of fund deeds
    • advice re contributions, transition to retirement pensions, vesting and in-house asset rules
    • advice and documenting superannuation borrowing.

John has acted and negotiated for a number of large clients, providing detailed real property and leasing advice and has acted in several large complex property transactions, including:

  • the sale of Melbourne Central, with a value of more than $400m
  • the purchase of 90 Collins Street, with a value more than $30m
  • the purchase and sale of 200 Queen Street, with a value of more than $70m
  • the construction and leasing of multi storey car parking facilities on crown land for the Alfred Hospital Group
  • advising several clients in the acquisition, development, financing and selling of retirement village projects.

John also has many years of experience in commercial law and has considerable expertise in all areas of contract law, including drafting, negotiating and advising on:

  • joint venture and alliance agreements for public and private companies
  • service agreements
  • sale and acquisition agreements
  • due diligence involving contract analysis for public and private companies in Australia, New Zealand and South East Asia
  • company purchases, sales and corporate restructures.